In
the first case of its kind, James Spellman has asked a District of Columbia
court to recognize a common-law same-sex marriage between himself and his late
partner Michael Kelly.

Spellman
and Kelly lived together from 1995 until Kelly’s death in February but never
obtained a marriage license. After the executor of Kelly’s estate denied
Spellman his surviving spouse share, Spellman decided to seek a declaration of
common-law marriage, a family law relic only now recognized by the District of
Columbia and a few other jurisdictions.

Common-law
marriage allow courts to retroactively declare a couple married if they had been
living together and acting as spouses.
Even though this case involves the recognition of a same-sex marriage,
it will likely focus on the residence of Mr. Kelly. The executor’s attorney will argue Kelly
actually resided in Delaware, a state recognizing same-sex marriage but not
common-law marriage, and that the couple did not actually cohabitat.